SB 940 - This act establishes an "extreme risk order of protection" which shall be granted when a person is found to pose an extreme risk to him or herself or others by possessing, controlling, or owning a firearm. After a petition for an extreme risk order of protection is filed, the court shall immediately issue an ex parte order of protection if the petitioner proves by a preponderance of the evidence that the respondent poses an extreme risk to him or herself or others by possessing, controlling, or owning a firearm. Upon the issuance of the ex parte order, the court shall order the respondent to surrender all firearms as provided in the act. If the respondent does not comply, then a law enforcement officer serving the order shall conduct a lawful search and seizure of any firearms of the respondent. Under this act, once the court makes at least three good faith efforts to notify the respondent of the hearing, the court will hold the hearing on the matter within fourteen days of the filing.
Upon issuance of a full extreme risk order of protection, a person subject to the order of protection shall surrender any firearms in his or her possession, control, or ownership. If the order is being served on the respondent by a law enforcement officer, then the officer must give the respondent an opportunity to comply. Should the respondent not comply, then the law enforcement officer may conduct a lawful search for any firearms.
Additionally, if probable cause is shown that the respondent, by failing to surrender all firearms in his or her possession, has failed to comply with the extreme risk order of protection, the court shall issue a warrant authorizing a reasonable search and seizure of the firearms.
This act provides that a respondent to an extreme risk order of protection can have the order modified or rescinded upon filing a motion with the court.
An extreme risk order of protection can be renewed for up to one year from the expiration of the preceding extreme risk order of protection by the petitioner if probable cause is shown that the respondent continues to pose a significant risk of injury to self or others.
Finally, anyone who possesses a firearm and is subject to an extreme risk order of protection is guilty of the offense of unlawful possession of a firearm. A person who fails to comply with an extreme risk order of protection may also be subject to imprisonment for up to 180 days and a $1,000 fine. Finally, any person who knowingly and intentionally makes a false statement to a court in the petition is subject to the contempt powers of the court.
This act is similar to provisions of SB 42 (2019), SB 1101 (2018), and HB 2281 (2018).
MARY GRACE BRUNTRAGER